Despite attempts to reduce the incidence of statelessness
through national citizenship laws and through the
implementation of the 1961 Convention and other
international instruments, UNHCR estimates that there
are millions of people around the world who have
no nationality. The 1954 Convention defines who is
a stateless person, promotes the acquisition of a legal
identity for those persons, and ensures that stateless
persons enjoy fundamental rights and freedoms without
discrimination.
“We can’t get regular
jobs, we can’t move,
we are like boats
without ports. Access
to education and health
care are also problems.
I couldn’t finish high
school or go to college.
I can only see a doctor in
a private hospital, not in
the government ones.”
Who is a stateless person?
The 1954 Convention defines a stateless person as one
“who is not considered as a national by any State under
the operation of its law” (Article 1). This is a purely legal
definition. It does not allude to the rights enjoyed by
nationals, the manner in which nationality is granted, or
access to a nationality. Establishing whether an individual
is considered as a national under the operation of its
law requires a careful analysis of how a State applies its
nationality laws in an individual’s case in practice and any
review/appeal decisions that may have had an impact on
the individual’s status.
In trying to establish proof of statelessness, States should
review the relevant nationality legislation of those States
with which the individual has links (such as through birth,
previous habitual residence, the State[s] of which a spouse
or children are nationals, the State[s] of which the
individual’s parents or grand‑parents are nationals), as well
as examine information on how legislation is implemented
in practice, including any information on the treatment
of a person or population concerned. If necessary, the
authority making the determination may consult with those
States, and request evidence, as necessary. Individuals
have a duty to provide as full and truthful an account
of their position as possible and to submit all evidence
reasonably available. UNHCR can facilitate consultations
between States and can provide technical information
on the relevant laws and their implementation in various
States, as requested.
Documents from a responsible State authority certifying
that the individual concerned is not a national are usually
a reliable form of evidence of statelessness. However,
such evidence may not always be available. The
relevant authorities of the country of origin or country of
former habitual residence may refuse to issue certified
18
Abdullah, a stateless
Bidoon living in the United
Arab Emirates